Legal Question in Real Estate Law in Iowa

My parents are named in a Will to receive propery at the time of death of a sister-in-law. This sister-in-law is termed mentally retarded, child-like, and confused based on medical records. They have Power of Attorney to pay her bills, etc. She recently moved into an assisted living facility. Her neighbors convinced her to sign a Quitdeed transfer of her property. Is this legal? My parents do not want to go before a Judge to have her publicly declared mentally retarded or anything like that, because they care about her. However, It is apparent that she has been taken advantage of in this case. Additionally, she is on various State assistance programs and my parents are concerned that her property cannot be 'given away' because the State has first claim to it. What should they do?


Asked on 9/06/09, 10:01 pm

1 Answer from Attorneys
Robert Luedeman solo practitioner

If your sister-in-law's care is being provided from government sources of revenue and she dies within a set period of time it is entirely possible for the state to go after her estate. Does she have a guardian? Because there has to be someone with standing to address the matter. I suggest that you meet with a competent probate attorney without delay.

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Answered on 9/07/09, 7:12 pm


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